New Jersey § 34:15c-10

§ 34:15c-10.

a. A qualifying school shall make a written application to the Commissioner of Labor

and Workforce Development for a certificate of approval, and shall not be permitted

to operate unless it receives the certificate of approval issued by the Commissioner

of Labor and Workforce Development and the Commissioner of Education pursuant to the

rules that they promulgate. The application shall be in the form prescribed by the commissioners and shall furnish

the information required by the commissioners. Upon receipt of this application, with the required documentation, the Commissioner

of Labor and Workforce Development shall cause to be conducted an evaluation of the

applicant school prior to the issuance of a certificate of approval. The certificate shall be in a form prescribed by the Commissioners of Labor and

Workforce Development and Education and shall be prominently displayed so that it

is visible to the general public. The certificate is issued to the applicant owner and school and is nontransferable. In the event of a change of ownership, the new owner is required to apply for a

change in ownership subject to the conditions and fees prescribed by the Commissioner

of Labor and Workforce Development and prior to the issuance of a new certificate

of approval. Approval shall also be required for changes in location and any additional locations. Program and course curricula and instructional personnel and administrator credentials

shall be submitted for approval and contain sufficient information for proper evaluation

as determined by the Commissioner of Education. The personnel of a qualifying school shall meet the qualifications set forth by

the Commissioners of Labor and Workforce Development and Education in order to own,

operate, market, supervise, or offer instruction. b. A casino gaming school shall not receive a certificate of approval pursuant to

subsection a. of this section unless the school is licensed by the New Jersey Casino

Control Commission pursuant to subsection a. of section 92 of P.L.1977, c. 110 ( C.5:12-92 ). c. An applicant shall not be issued a certificate of approval if, upon the review

and consideration of the submitted application, the application is found to be not

in accordance with the rules and regulations set forth by the Commissioners of Labor

and Workforce Development and Education. The Commissioners of Labor and Workforce Development and Education may revoke, suspend,

or place reasonable conditions upon the continued approval represented by the certificate. Prior to revocation, the Commissioners of Labor and Workforce Development and Education

shall notify the holder in writing of the impending action and set forth the grounds

for the action. The Commissioners of Labor and Workforce Development and Education may reexamine

a school during the year in which notice or conditions have been imposed. A certificate of approval may be revoked, suspended, or made conditional if the

Commissioners of Labor and Workforce Development and Education have reasonable cause

to believe that the school is guilty of violating this section or any of the rules

adopted under this section or is found to be financially unsound. d. An approved qualifying school shall maintain a permanent student record for each

student enrolled. This information shall include, but not be limited to, the student's Social Security

number, gender, date of birth, date of enrollment, and any date of completion, date

of termination, date of start in a job, date of application for a license, licensing

examination result, date of issue of a license, any credential issued, and other information

as specified by the State Employment and Training Commission or the Center for Occupational

Employment Information. For any individual who does not have a Social Security number, the qualifying agency

may substitute an alternate method of identification, except that, at the time of

start into employment the alternate code shall be cross-referenced with the individual's

valid Social Security number. The applicant school shall submit a record retention plan to the Commissioner of

Labor and Workforce Development that describes the method by which a student or other

legitimate requester may obtain a copy of the permanent record verifying attendance

and academic achievement of a student at the school. The plan shall identify the organization or individual responsible for maintaining

and responding to requests for and distributing records in the event that the school

ceases operation or closes. The Department of Labor and Workforce Development and the Department of Education

may adopt additional regulations prescribing the manner in which student records,

including transcripts, shall be maintained and distributed, and regulations setting

penalties for failure to comply with an approved record retention plan. e. An approved qualifying school shall be open for monitoring and inspection to any

officer, representative or agent designated by the Commissioners of Labor and Workforce

Development and Education. The Departments of Labor and Workforce Development and Education shall conduct examinations

of all facilities and methods of operating, as they deem appropriate. f. The Departments of Labor and Workforce Development and Education shall continue

to oversee the proper conduct of qualifying schools and shall maintain rules governing

curricula, qualifications of instructors and supervisors, facilities, record keeping

requirements and any other matters essential to the maintenance of quality instruction

and the business integrity of qualifying schools. g. An approved qualifying school shall submit an annual report to the Commissioner

of Labor and Workforce Development. The annual report shall include, but not be limited to, enrollment information,

post-training placement information and tuition received as well as an electronic

or paper copy of student transcripts. Failure to furnish the required report shall be just cause for the commissioner

to amend, suspend or revoke the approval to operate as previously granted by whatever

governmental entity, or to take other appropriate actions. The annual report shall be for the period of July 1 through June 30 of the preceding

year and shall be submitted, not later than 30 calendar days after the close of the

reporting period, in the format and on the forms provided by the commissioner. A qualifying school shall also submit any additional reports as requested by the

commissioner on a more frequent basis. A qualifying school shall submit the name and Social Security number of each newly

enrolled student on a reporting basis to be established by the commissioner. h. Objective performance standards and measures for evaluating qualifying schools

shall be jointly developed and implemented by the State Board of Education and the

New Jersey State Employment and Training Commission. Policy makers and consumers shall be provided with information concerning approved

programs and shall be provided access to a consumer report card on the effectiveness

of the qualifying schools on the State Eligible Training Provider List showing the

long-term success of former trainees of each qualifying school in obtaining permanent

employment and increasing earnings over one or more time periods following the completion

or other termination of training, including a period of two years following the completion

or other termination of training. i. Any State or federal funds which become available for the school approval functions

performed by the Department of Labor and Workforce Development or the Department of

Education, as described in this act, shall be appropriated to the respective department

for the regulation and oversight of qualifying schools pursuant to the provisions

of this act. j. The Commissioner of the Department of Labor and Workforce Development shall, in

consultation with the Department of Education, adopt, pursuant to the “Administrative

Procedure Act,” P.L.1968, c.410 ( C.52:14B-1 et seq. ), rules and regulations as necessary to establish approval and renewal fees and to

effectuate the provisions of this section. Existing rules and regulations, as of the effective date of P.L.2005, c. 354 ( C.34:15C-7.1 et al.), shall remain in effect for one year or until rules and regulations adopted

pursuant to this subsection replace them.